8(1)In the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) (referred to in this Schedule as the “Scottish hazardous substances Act”), section 31 (exercise of powers in relation to Crown land) is amended as follows.S
(2)Subsections (1) and (2) are omitted.
(3)In subsection (3) for the definition of “Crown interest” there is substituted the following definition—
““Crown interest” means any of the following—
(a)an interest belonging to Her Majesty in right of the Crown or in right of Her private estates,
(b)an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department,
(c)such other interest as the Scottish Ministers specify by order.”
(4)In subsection (5) after paragraph (b) there is inserted the following paragraph—
“(ba)in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers,”.
(5)After subsection (6) there are inserted the following subsections—
“(7)References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).
(8)An order made for the purposes of paragraph (c) of the definition of Crown interest in subsection (3) must be made by statutory instrument.
(9)But no such order may be made unless a draft of it has been laid before and approved by resolution of the Scottish Parliament.”
Commencement Information
I1Sch. 5 para. 8 in force at 20.3.2006 for specified purposes by S.S.I. 2006/101, art. 2
I2Sch. 5 para. 8 in force at 12.6.2006 in so far as not already in force by S.S.I. 2006/268, art. 3(f)